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Judge Keeps Google’s Ad Exchange Intact, Orders Behavioral Changes

The court rejected the DOJ’s request to force a sale of AdX, approved rules to curb Google’s conduct, sealed the detailed opinion, and set short deadlines that will shape appeals and enforcement.

Overview

  • Judge Leonie M. Brinkema, which issued her order on Wednesday, Sept. 2, 2026, refused to require Google to sell its AdX ad exchange and said most behavioral remedies proposed by the parties should be adopted while the court’s full opinion remains temporarily sealed.
  • Brinkema’s action follows her April 2025 liability finding that Google illegally tied its publisher ad server to its ad exchange and used self‑preferencing to exclude rivals in open‑web display advertising.
  • Reporting from the parties and press coverage says the remedies will likely limit self‑preferencing and require rivals to get the same real‑time data access Google uses, but those specifics await the unsealed memorandum and redaction process.
  • The Justice Department said it was pleased the court ordered substantial relief and is weighing next steps, while Google welcomed the rejection of a forced sale and said it will appeal the underlying liability ruling.
  • The judge pointed to practical hurdles of a forced divestiture, set short deadlines for redactions and a joint proposed final judgment, and left open the possibility that appeals or further court actions will determine how and when the changes take effect, a development that could change revenue flows for publishers and rival ad tech firms.